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New - Land > CP - COMBO, elements + amends > Flashcards

CP - COMBO, elements + amends Flashcards

1
Q

CP Elements

A

It’s Elementary you can Properly Sea SLIC SHIT
———–
Property Rights (New 2021)
Sea level rise, high tide
Open & Recreation Spaces
Future Land Use
Cap Improvements
Conservation
Sewer
Housing
ICE
Traffic

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2
Q

CP’s Capital Improvement Element covers how many years?

A

Covers 5 years.

Review annually.

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3
Q

Concurrency - MANDATORY inclusions

A

It’s Mandatory the Current of the Water is Safe.

  1. Water (W, WW & Drainage) + Safety (police, fire, ems, health)
  2. State mandates for transp + schools.
  3. Level of Service Stds.
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4
Q

Concurrency - OPTIONAL inclusions

A

Transp, mass transit, parks + schools

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5
Q

CP covers how many years?

A

20 years

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6
Q

CP’s Property Rights Element (New 2021) - WHEN

A

Earlier of:
1. Next CP Amendment after 7/1/21
Or
2. Date of next scheduled eval & appraisal of CP pursuant to 163.3191.

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7
Q

CP’s Property Rights Element (New 2021) -
What 4 things must be included?

A

We all have to Adopt & Dispose a PUP.
———–
Rts of Owners to:
1. Dispose of their property (sale/gift)
2. Possess. Control int, incl esmnts, leases, or mineral rts.
3. Use. Develop & improve.
4. Privacy. Exclude others to protect RP + PP.

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8
Q

3 CP State Review Processes

A

3 Processes:
1. Expedited State Review Process (common).
2. State Coordinated Review Process - for critical areas (Keys).
3. Small Scale Review Process

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9
Q

CP Review Process, re: Small Scale
4 criteria to qualify.

A

A. For 50 [rural 100] acres or less.
B. No changes to CP text.
C. Changes future land use map only.
D. Not in an area of critical concern.

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10
Q

Amending CP - frequency + approval

A

  1. Amend CP as often as desired.
  2. LG review CP every 7 years to reflect changes in statutes. If changes needed, has 1 year to adopt new.
  3. F.S. prohibits approval or change of CP by referendum or initiative.
    Exception: If LG charter provision was in effect on 6/1/11.
  4. If have military base, send to commanding officer.
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11
Q

Amending CP - re: Sector Plan

A

Sector Plan
A. For: 5,000 acres or more
B. Incl: Urban form and region resources.
C. Goes thru: Regional Planning Council Scoping Mtg
D. Use: Long Term Master plan, 2 or more Detail plans

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12
Q

Amending CP - Court review standard

A

FAIRLY DEBATABLE.

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13
Q

What is FAIRLY DEBATABLE.

A

a. A rule of reasonableness.
b. Limited application.
Ex. LG denied change. Court applied fairly debatable to reverse only where unrefuted evidence proved existing land use designation was improper under the terms of the land use plan itself. Pinellas v. Richman Group of Florida, Inc, 253 So. 23d 662 (2017)

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14
Q

Standard of Review of LG Decisions Under CP

A

Compliance and project approvals are reviewed on basis of strict scrutiny.

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15
Q

What 3 things did BOCC Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993) say?

A

1) Rezoning for specific individuals is QJ subj to strict scrutiny on cert review.
———–
2) O who proved intended use was consistent w/ CP is NOT PRESUMPTIVELY entitled to such use.
———–
3) O shows consistent w/ CP. Burden shifts to LG to show existing zoning accomplishes legit public purp.

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16
Q

Purpose of CP’s Capital Improvements Element?

A

A. Ensures infrastructure in place for the development
or
B. Reqs contribution to aid in deficiencies
or
C. At least identifies reqs to comply w/ Concurrency.

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17
Q

If your Concurrency is unfunded, what do you do?

A

No longer requires funding to be in place.
A. Show as funded or unfunded.
B. If unfunded must prioritize to put in CP.

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18
Q

What must CP’s Future Land Element do?

A

A. Distribute & balance uses.
B. Provide econ dev, encourage recreational and commercial fronts, schools near residences, protect historic resources.
C. Address compatibility.

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19
Q

If qualify, what are the lenient mechanics of small scale amendment?

A

A. Do NOT have to send to SPA, &
B. Reqs only 1 hearing. *but still Legislative

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20
Q

9 step CP amendment method/timeline.

A

PROPOSAL STAGE.
1. Agency or citizen intiative, LPA preps amndmt
2. Transmittal hearing.
3. 10 days transmit to SPA & any requesting agencies.
4. 5 days for SPA to notify LG if deficient.
ADOPTION STAGE
5. DCA, if reviews, has 30 days to issue ORC.
6. LG has 180 days to hold Adoption Hearing.
7. 10 days re-transmit to SPA (may issue sanctions if LG ignored its ORC).
8. 5 days for SPA to notify LG if deficient.
9. 31 days after SPA notified LG complete = effective.

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21
Q

Define “Affected Person.”

A

LG, property owners, residents or business operators w/i LG boundaries, or abutting the FLUM, or adjoining LGs w/ substantial impacts.

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22
Q

Affected person’s prerequisite to challenge.

A

Must have submitted comments after the Transmittal Hearing.

23
Q

Small Scale amendment method/timeline.

A

  1. Agency or citizen initiative, LPA preps amndmt
  2. Submit to SPA which does not review.
  3. Adoption hearing.
  4. LG does not re-transmit to SPA unless challenged.
  5. 31st day = effective.
  6. 30 days for affected person to file DOAH.
  7. 30-60 days, DOAH hearing.
24
Q

What is CP’s Future Land Use Element required aspiration?

A

Vibrant, viable communities and economic development opportunities.

25
Q

What notice is required to amend CP?

A

2 ads wkdays, 1 aft 5 p.m. unless maj + 1 (Marion)
TRANSMITTAL HEARING
On a weekday @ least 7 days after date of 1st ad.
later can have hearing
ADOPTION HEARING
No earlier than 10 days after 1st hearing, on a weekday @ least 5 days after date of 2nd ad.

26
Q

What notice is required for non-land use ordinances?

A

1 ad 10 days before hearing.

27
Q

What notice is required for small scale CP amendment or zoning map change?

A

10 days published
AND
Mailed to Owners @ least 30 days before hearing.
FS 125.66

28
Q

What is standard of proof for DOAH if Affected Person (i.e., non-SPA) seeks determination that an CP amendment is inconsistent w/ CP?

A

CP/Amend = sustained if fairly debatable.

29
Q

What is standard of proof for DOAH if SPA finds CP or CP amendment non-compliant?

A

Plan/Amend = Presumed correct & sustained unless inconsistency proven by preponderance of the evidence.

30
Q

What is standard of proof for DOAH if SPA asserts CP elements are not related to or consistent w/ each other?

A

Plan/Amend = sustained if fairly debatable.

31
Q

What is standard of proof for DOAH if SPA asserts that an important state resource or facility will be adversely impacted by the adopted plan or plan amendment?

A

Prove by clear and convincing evidence.
———–
‘C’ritical state resource = ‘C’lear + ‘C’onvincing

32
Q

When is fairly debatable standard applied to CP/Amend appeals?

A

(1) Affected person

&-OR

(2) SPA asserts elements are not related to or consistent w/ each other.

33
Q

What’s the difference b/w:
(a) Designations in CP’s Future Land Use (FLU) element
vs.
(b) Zoning districts?

A

FLU = use & density.
Zoning districts = use & design/develop guidelines.

34
Q

Are zoning districts in FLU? Or are FLU in zoning districts?

A

Zoning districts are in Future Land Use designation which is within the Future Land Use element of the CP.
———–
The Future Land Use Element allows for various zoning districts within a given Future Land Use designation

35
Q

Don’t get CP Amend notice [Ad + 7, Ad + 5, Hrg + 10]
confused w/ Bond referendum notice.

A

Notice of a bond referendum:
A) 30 days prior to the referendum,
B) 2x.
C) (1 x 5th wk) + (1 x 3rd wk) before vote.

36
Q

Capital Improvement Element sets forth principals for what?

A

Construction, extension or an increase in the capacity of public facilities. FS 163.3177(3)

37
Q

What must the Capital Improvement Element address?

A

How to correct existing public facility deficiencies

38
Q

How frequently is Capital Improvement Element reviewed?

A

Annually.

39
Q

Re: future money, what must Capital Improvement Element include?

A

Projected sources of revenue must be identified.

40
Q

What must be listed as funded or unfunded in the Capital Improvement Element?

A

Projects needed to reach adopted level of service standards.

41
Q

What’s the priority that must be shown in your Capital Improvement Element?

A

Projects needed to reach adopted level of service standards are given priority of funding.

42
Q

SLA finds amendment doesn’t comply w/ CP. What must it show Admin Judge?
A. Not in compliance by a preponderance of the evidence.
B. It is fairly debatable whether in compliance with Chapter 163.
C. Evidence presented at the hearing was incorrect or misleading.

A

  1. ## Inconsistent w/ c’P’ - ‘P’reponderance (less)
  2. Jeopardizes ‘C’ritical state resource - ‘C’lear + ‘C’onvincing (more).
43
Q

Describe the CP amendment procedure by referendum or initiative.

A

No such thing. Prohibited.

44
Q

What are the 2 reasons for SLA to argue to against CP amendment to DOAH?
—
What is std of proof for each?

A

  1. Inconsistent w/ CP - preponderance (less)
  2. Jeopardizes critical state resource - clear + convincing (more).
45
Q

Which element of CP has concurrency?

A

Capital Improvements.

46
Q

Which element of CP has a plan & for what length of time?

A

Capital Improvements Plan - 5 yrs.

47
Q

What’s the purpose of the plan found under the CP?

A

The Capital Improvements Plan addresses deficiencies, has a list of projects, & the projected costs.

48
Q

What 3 things serve as the basis of the Concurrency Management System?
———–
*Note - there’s no thing called a comprehensive mgt system.

A

Capital Improvement element’s
(a) financial policies & (b) 5 yr plan.
+
Level of service standards established in other elements.

49
Q

What’s the purpose of the Concurrency Mgt System?

A

Ensure public facilities & services to support development are ‘concurrent’ w/ impact of development.

50
Q

Which CP element adopts level of service standards?

A

All.

51
Q

For what systems are LOS mandatory?

A

water, sewer, drainage
transport
solid waste
school

52
Q

What does LOS measure?

A

Capacity per unit of demand of each public facility.

~calculates existing demand & projects future demand on public facilities.

53
Q

School element is optional yet practically it is mandatory. State why.

A

It used to be mandatory so everyone has it in their CP.
To get rid of it, wd have to amend CP.

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